HomeMy WebLinkAbout20160064 Ver 1_Approval Letter_20160216't; +
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Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
Go»e!-noi
DONALD R VAN DER VAART
Secrelary
S JAY ZIMMERIVIAN
Du ec�oi
February 16, 2016
Pender County
NCDWR Pro�ect No. 20160064
NCDOT Burgaw Multi-Umt Office
State Project No 15-12499-01A
APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADUITIONAL CONDITIONS
Ms Pnscilla Tyree Wilhams, P E, Director
NCDOT Facilities Management Division
2525 Mail Service Center
Raletgh, NC 27699-1525
Dear Ms.Wilhams
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing an existmg culvert at the NCDOT Burgaw Multi Office located 750 ft. NW of the intersection of SR 1400
and SR 1344 m Pender County.
Site
Total
Stream Im acts in the Ca e Fear River Basin
Pe_r'�aanent Temp�rary PQrmanent Temparary Bank
Fi�l in r ill in Fill in Fill in Stabilization
Intermittent Intermittent Perennial Perennial
Stream Stream Stream Stream
(Iinear ft (linear ft) linear ft) linear ft)
0 0 183* 30 16
7'ota� � Stream
Stream Impacts
Impact Requiring
(linear ft) Mitigation
229 I 0
183* � 30 � 16 � 229 � 0
Total Stream Impact for Project: 2291inear feet.
*includes 3 lf of additional pipe length and 180 lf of stream channel improvements. Within the 180 If of channel
improvements, there is 26 If of bank stabilization.
The project shall be constructed in accordance with your application dated received January 13, 2016 and revtsions
received on January 15, 2016. After reviewing your application, we have decided that these impacts are covered by
General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 tssued
by the Corps of Engmeers. In addrtion, you should acquu-e any other federal, state ar local permi�s before you
proceed wrth your pro�ect mcluding (but not limited to) Sedunent and Erosion Control, Non-Discharge and Water
Supply Watershed regulations. This approval will expire with the accompanying 404 permit
This approval is valid solely for the purpose and design described in your application (unless modified below)
Should your pro�ect change, you must notify the NCDWR and submit a new application. If the property is sold, the
new ovvner niust oz giver� a copy of this Certificatzon a�d agproval le�ter, and zs thereby �esponsible far compiying
wrth all the conditions. If total wetland flls for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation may be required as
described m 15A TiCAC 2H OSOb (h) (6) and (7) For this approval to remain vahd, you must adhere to th�
conditions listed in the attached certification and any additioi�al conditions listed below.
State of North Cazolma �Environmenfal Qiiahty � Water Resources
' 161I Mail Service Center, Raleigir, Norlh Carolina 27699-1617
Phone 91�-807-6300
Condition(s) of Certification:
Project Specific Conditions
1. All work in or ad�acent to s�ream waters shall be conducted in a dry work area Approved BNPi
measures from the most current version of NCDOT Construction and Maintenance Activrties manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation m flowmg water [15A NCAC 02H 0506(b)(3) and (c)(3)]
2. Riprap shall not be placed m the streambed m a manner that precludes aquatic life passage.
Bioengineering boulders or structures should be properly designed, sized and mstalled. [15A NCAC
02H.0506(b)(2)]
3. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they
shall be removed and the natural grade restored upon completion of the project [15A NCAC
02H.0506(b)(3) and (c)(3)]
4. For the 301inear feet of streams bemg impacted due to srte dewatering activihes, the site shall be graded
to its preconstruction contours and revegetated with appropriate nahve species [15A NCAC
02H.0506(b)(2)]
5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable Efforts must be made to mmimize impacts to the stream banks, as well as
to vegetarion responsible for mamtainmg the stream bank stability. Any applicable riparian buffer
unpact far access to stream channel shall be temporary and be revegetated with nahve nparian species.
[15A NCAC 02H 0506(b)(2)]
6. Erosior. control matting p�aced in ripartan areas shall not contain a nylon mPsh grid, which can
impmge and entrap small animals. Matting should be secured in place with staples, stakes, or wherever
possible, live stakes of native trees Riparian areas are defined as a distance 25 feet landward from top
of stream bank. [15A NCAC 02H 0506(b)(3) and (c)(3)]
7 The project shall be constructed m accordance with the provisions of the NCDOT's National Pollutant
Discharge Elimmation (NPDES) Stormwater Permit NCS000250, includmg the applicable requuements
of the NCGO1000 [15A NCAC 02B.0211]
General Conditions
8 Unless otherwise approved m this certification, placement of culverts and other structures m open waters
and streams shall be placed below the elevation of the streambed by one foot for all culverts wrth a
diameter geater than 48 mches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 mches, to allow low flow passage of water and aquatic life Design and placement of culverts
and other structures includmg temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or streambeds or banks, ad�acent to or upstream and
downstream of the above structures. The applicant is requued to provide evidence that the equihbrium is
being mamtained if requested in writing by NCDWR. If this condition is unable to be met due to
bedrock or other limiting features encountered dw-uig construction, please contact NCDWR for guidance
on how to proceed and to determine whether or not a permit modification will be required. [ 15A NCAC
02H.0506(b)(2)]
9. If concrete is used durmg construction, a clry work area shall be mamtained to prevent direct contact
between curmg concrete and stream water. Water that madvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills [15A NCAC 02B 0200]
10 During the constniction of the project, no staging of equipment of any kind is permitted in waters of
the U S, or protected riparian buffers [15A NCAC 02H 0506(b)(2)]
11. The dunension, pattern and profile of the stream above and below the crossing shall not be modified
Disturbed floodplams and streams shall be restored to natural geomorphic conditions [15A NCAC
02H.0506(b)(2)]
12 The use of rip-rap above the Normal High Water Mark shall be mimmized. Any ri�-rap placed for
stream stabilization shall be placed m stream channels in such a manner that tt does not impede aquatic
life passage [15A NCAC 02H.0506(b)(2)]
13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval [15A NCAC 02H 0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(2)l
14 All work in or ad�acent to stream waters shall be conducted m a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowmg water [15A NCAC 02H.0506(b)(3) and (c)(3)]
15 Heavy equipment shall be operated from the banks rather than in the stream cbannel m order to
minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
16. All mechanized equipment operated near surface waters must be regularly inspected and mamtained to
prevent contammation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials
[15A NCAC 02H.0506(b)(3)]
17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification [15A NCAC 02H.0506(b)(3)] ,
18 Discharg.r� h5'�ro�eed miYtures and vvashing o�t h;�cLros�eders zn� other equipment �r_ ar adjacent ±c
surface waters is nrohibited [15A NCAC 02H.0506(b)(3)]
19. The permittee and its authorized agents shall conduct rts activities m a manner consistent with State water
quahty standards (includmg any requ�rements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropnate requirements of State and Federal law If the NCDWR determmes that
such standards or laws are not bemg met (mcludmg the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further condrtions are necessary to assure compliance,
the NCDWR may reevaluate and modify this certification. [15A NCAC 02B 0200]
20 All fill slopes located m �urisdichonal wetlands shall be placed at slopes no flatter than 3.1, unless
otherwise authorized by this certification [15A NCAC 02H 0506(b)(2)]
21 A copy of this Water Quahty Certification shall be maintamed on the construction srte at all times In
addrtion, the Water Quahty Certification and all subsequent modifications, if any, shall be mamtamed with
the Division Engineer and the on-site project manager [15A NCAC 02H 0507(c) and 15A NCAC 02H
0506 (b)(2) and (c)(2)]
22. The outside buffer, wetland or water boundary located withm the construction corridor approved by this
authorization shall be clearly marked by highly visible fencmg prior to any land disturbmg
activities Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H 0501 and .0502]
23 The issuance of this �ertificatian does not exempt the Permitt.,e trom complymg with any and all statutes,
rules, regulations, or ordmances that may be imposed by other government agencies (i.e local, state, and
federal) havmg �urisdichon, including but not limited to apphcable buffer rules, stormwater management
rules, so�l erosion and sedimentation c�ntrol requirements, etc
24 The Permittee shall report any v�olations of this certification to the Division of Water Resources withm 24
hours ofdiscoveiy [15ANCAC 02B Q5�6f,b)(2)]
25 Upon completion of the pro�ect (includmg any impacts at associated borrow or waste sites), the NCDOT
Division Facilrties D�rector shall complete and return the enclosed "Certification of Complehon Form" to
notify the NCDWR when all work mcluded m the 401 Certification has been completed [15A NCAC
02H 0502( fl]
26 Native riparian vegetation must ne reestabhshed m the ripanan areas wrthin the construction Iimits of the
pro�ect by the end ofthe growing season followmg completion of construction [15A NCAC 02B.056(b)(2)]
27 There shall be no excavation from, or waste disposal mto, �urisdictional wetlands or waters associated with
this permit wrthout appropriate modification Should waste ar borrow srtes, or access roads to waste or
borrow srtes, be located m wetlands or streams, compensatory mitigation will be required smce that is a
d�rect impact from road construction activities [15A NCAC 02H.0506(b)(3) and (c)(3)]
28 Erosion and sediment control practices must be m full compliance with all specifications governmg the
proper design, installation and operahon and mamtenance of such Best Management Practices m arder to
protect surface waters standards [15A NCAC 02H 0506(b)(3) and (c)(3])
a. The erosion and sediment control measures for the pro�ect must be designed, installed, operated,
and mamtamed m accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual
b. The design, installation, operation, and mamtenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requ�rements specified in the most recent version of the
North Carolina Sedrment and Erosion Control Manual The devices shall be mamtamed on all
construction sites, borrow sites, and waste pile (spoil) pro�ects, mcludmg contractor-owned or leased
borrow pits associated wrth the pro�ect
c For borrow prt sites, the erosion and sediment control measures must be designed, mstalled,
operated, and mamtamed m accordance wrth the most recent version of the North Carol�na Surface
Mtnrng Manual
d The reclama±ior_ rmeasures an�! zmplementatinr_ must compl}� with The reclamation m accer�an�e
with the requu-ements of the Sedimentation Pollution Control Act.
If you wish to contest any statement m the attached Certification you must file a petition for an admmistrative
hearmg You may obtam the petrtion form from the office of Admmistrative hearmgs You must file the petition
with the office of Admmistrative Hearmgs wrthm sixty (60) days of receipt of this notice A petition is considered
filed when rt is received in the office of Administrative Hearmgs during normal office hours The Office of
Admmistrative Hearmgs accepts filings Monday through Friday between the hours of 8�OOam and 5•OOpm, except
for official state hohdays The onginal and one (1) copy of the petition must be filed with the Office of
Admmistrative Hearmgs
The petrtion may be faxed-provided the origmal and one copy of the document is received by the Office of
Admimstrative Hearmgs withm five (5) busmess days followmg the faxed transmission
The mailmg address for the Office of Admmistrative Hearmgs is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 431-3000, Facsimile (919) 431-3100
A copy of the petition must also be served on DEQ as follows
Mr Sam M Hayes, General Counsel
�epariment of Env�ronmeatai Quality
1601 Mail Service Center
This letter com�lvtes the review of the D�vision of �JVater Resources under Sectior� 401 of the Clean V`Jater Act. If you
have any questions, please contact Mason Hernc�on at (910) 308-402] or mason herndon@ncdeni.gov
Si erely,
,
,c�" ,
S Jay Zimmerman, D�rector
Divtsion of Water Resources
Electromc copy only distribution
Brad Shaver, US Army Corps of Engmeers, Wilmmgton Field Office
Stoney Mathis, Drvision 3 Environmental Officer
Travis Wilson, NC Wildhfe Resources Commission
Stephen Lane, NC Division of Coastal Management
Richie Brown, Stroud Engineermg
File Copy
�,
3�6
/,. i
Water Resources
ENVIRONMENTAL �UALITY
NCDWR Project No.:
Applicant:
Project Name:
Date of 7ssuance of 401 Water Quality Certification:
County:
PAT MCCRORY
�101 L'1 Y701
DONALD R VAN DER VAART
Secrelmy
S JAY ZIMMERIV�AN
Uu ecla
Certificate of Completion
Upon completion of all work approved withm the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the apphcant is required to return this certificate to the 401 Transportation Permittmg
Unrt, North Carolma Drvision of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617 This form
may be returnzd to NCDWR by the apphcant, the apphcant's authcnzed agent, cr the pro�ect engineer It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
comphance and mtent of the 401 Water Quahty Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials
S;gnature Bate•
Agee�t's Certifca�icr�
I, , hereby state that, to the best of my abilrties, due care and diligence
was used m the observation of the construction such that the construction was observed to be built withm substantial
compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supportmg materials
Signature Date
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engmeer in the State of North
Carolma, havmg been authonzed to observe (periodically, weekly, full hme) the construction of the pro� ect far the
Permittee hereby state that, to the best of my abilrties, due care and diligence was used m the observation of the
construction such that the construction was observed to be built withm substantial compliance and mtent of the 401
Water Quahty Certification and Buffer Rules, the approved plans and specifications, and other supportmg materials
Signature
DatP
Registration No
State ofNorth Carolma �Env�ronmental Q�aUty � Water Resoi�rces
1017 Mail Service Center. Rale�ah. North Carolina 27699-1617